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Old 5 February 2019, 07:00
Hostile0311 Hostile0311 is offline
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RFI: Immigrating Back to the US with a Foreign Wife

Well, after 15 years living and working in Europe and 11 years of marriage and 4 kids, the wife finally warmed to the idea of possibly making a move back to the states, 45 minutes north of Charlotte would be where we would re-locate. My question is about immigration. I have four kids and they are all AMCITS and have SSN’s etc., so they are good to go. The question mark is the wife since she has no status other than an ITIN. I see there are various visa routes one can go through, which usually have a tidy processing fee/cost attached. I was wondering if anyone here has went through bringing a foreign spouse back to the USA? As I said, we have been married for 11 years with four kids, so it is definitely not a “marriage of convenience”. After speaking off line to an Embassy Consular officer, he said I wouldn’t be wrong by just bringing her over on a regular tourist visa and then once CONUS, I could apply for a “change of status” and get the ball rolling on getting her residency permit/green card. I told him I had read that immigration officials didn’t like this method and he replied, “So? It isn’t illegal, not to mention you’ve been married 11 years with four kids who are citizens.”
So, I am just asking for any info or experience from members here who may have been in a similar circumstance. Any advice/info anyone can pass on is greatly appreciated.
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Old 5 February 2019, 07:33
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I am not sure if anyone will have a complete answer for you. My wife received her citizenship about two years ago and from my experience no two situations are alike. My take is that the USCIS will look at everything as a whole. You have more then enough documentation to provide. However, be prepared to pay. $1000 for this process, $900 for that process, $1200 process. Always seemed we were paying something.
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Old 5 February 2019, 08:25
Hostile0311 Hostile0311 is offline
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However, be prepared to pay. $1000 for this process, $900 for that process, $1200 process. Always seemed we were paying something.
Yeah thats what I figured. Thanks for the info.
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Old 5 February 2019, 10:35
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Football Batt Football Batt is offline
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Which country are you in? Are you in the country that she is also a citizen of? And where you were married -- that is important if you go the nonimmigrant visa for spouse (K-3) route because the visa must be issued in the country where the marriage took place

I have a coworker who just did it. He said the best way (if it is an option) is to do it all prior to leaving. Certain embassies can do it all on site, but not all embassies (and consulates) are the same. Do they have a UCIS office at the embassy or consulate where you are?

Do you have a full time job lined up? Legitimacy will not be an issue.

My friend said he would not recommend coming on a tourist visa and converting...Knowingly entering the country on one visa with the intent to change it i.e. circumventing the rules is "kind of" illegal.
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Old 5 February 2019, 10:46
Hostile0311 Hostile0311 is offline
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Originally Posted by Football Batt View Post
Which country are you in? Are you in the country that she is also a citizen of? And where you were married -- that is important if you go the nonimmigrant visa for spouse (K-3) route because the visa must be issued in the country where the marriage took place

I have a coworker who just did it. He said the best way (if it is an option) is to do it all prior to leaving. Certain embassies can do it all on site, but not all embassies (and consulates) are the same. Do they have a UCIS office at the embassy or consulate where you are?

Do you have a full time job lined up? Legitimacy will not be an issue.

My friend said he would not recommend coming on a tourist visa and converting...Knowingly entering the country on one visa with the intent to change it i.e. circumventing the rules is "kind of" illegal.
Thanks for your response FB.

-We reside in the country (Malta) she is a citizen of and it is also where we were married.

-The consulate here does not process immigrant visas...nearest consulate that does would be Naples.

-Nothing concrete lined up as of yet as far as employment, but could always work for family if a job is required before applying.
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Old 5 February 2019, 10:53
Devildoc Devildoc is offline
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[QUOTE=Hostile0311;1058779799]Thanks for your response FB.

-We reside in the country (Malta) she is a citizen of and it is also where we were married.

-The consulate here does not process immigrant visas...nearest consulate that does would be Naples.

-Nothing concrete lined up as of yet as far as employment, but could always work for family if a job is required before applying.[/QUOTE]

Seems you will be close enough to Charlotte that won't be a problem....
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Old 5 February 2019, 11:50
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Hostile
Check your PMs.
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Old 5 February 2019, 17:26
SteveEx SteveEx is offline
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You should consider speaking with an immigration attorney about what visa to seek and how to go about it. All I know about immigration law is that is can be hyper technical and a bitch to correct if you get it wrong. Assuming it is even possible to correct...
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Old 5 February 2019, 21:39
bullet65 bullet65 is offline
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or just come over the southern boarder, think of the children. sorry for hijack.back to my lane
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  #10  
Old 5 February 2019, 21:57
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Originally Posted by SteveEx View Post
You should consider speaking with an immigration attorney about what visa to seek and how to go about it. All I know about immigration law is that is can be hyper technical and a bitch to correct if you get it wrong. Assuming it is even possible to correct...
This should be paramount. I used a fantastic immigration attorney to handle our case, and it was worth every penny. It was peanuts compared to the headache IMO. I used Deb Weber at this firm https://www.americanfiancevisa.com/ and never met her in person. Did everything over Skype, and or electronically. Had zero issues. YMMV
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Old 6 February 2019, 00:29
Hostile0311 Hostile0311 is offline
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This should be paramount. I used a fantastic immigration attorney to handle our case, and it was worth every penny. It was peanuts compared to the headache IMO. I used Deb Weber at this firm https://www.americanfiancevisa.com/ and never met her in person. Did everything over Skype, and or electronically. Had zero issues. YMMV
Thanks man. I may PM you with a few questions if that’s cool?
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Old 6 February 2019, 01:17
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Thanks man. I may PM you with a few questions if that’s cool?
PM me anytime brother.
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Old 6 February 2019, 01:19
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Check out the NEW requirements that came out around Dec 2018 or Jan 2019
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